Franklin v Giddins: 1978

The female defendant, from a certain date knew that an orchard conducted by her husband and herself contained nectarine trees propagated by a grafting process undertaken by her husband based upon budwood cuttings stolen by her husband from the plaintiff’s orchard.
Held: Because she defendant knew, from the relevant date, that the trees were propagated from a stolen trade secret, Dunn J in reliance upon the observations of Greene M.R. in Saltman Engineering Co. Ltd v Campbell Engineering Co. Ltd (supra) at p 213, held that it was unconscionable for her to derive any benefit from the propagation and sale of the trees and thus she, like her husband, infringed the plaintiff’s rights, and Dunn J made an order for the delivery up of the nectarine trees.


Dunn J


[1978] Qd R 72


England and Wales

Cited by:

CitedEPI Environmental Technologies Inc and Another v Symphony Plastic Technologies Plc and Another ChD 21-Dec-2004
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Commonwealth

Updated: 09 May 2022; Ref: scu.220989